Restorative Justice^

Question 1

Changing the Emphasis

Answer 1

In the past, punishing Off was to satisfy the state (enforce law)
But now, RJ made it as a consequence of the Off as compensation to the V (reparation > punishment)
Braithwaite
- The treatment tends to be a ‘healing process’
Focuses on the V’s recovery and Off’s rehabilitation/recovery

Question 2

Restorative Justice Council

Answer 2

Aims to:
Establish clear standards for RJ (restorative practice)
Support survivors/specialist professionals in the field
Use RJ in other areas along crime such as preventing or managing conflict

Question 3

Key Features

Answer 3

Many types of RJ, but they all share similar features
Trained mediators supervise meetings
Survivors can confront Off and explain the crime’s impact on them
Emphasis on active involvement from all parties

Question 4

Sentencing & Restitution

Answer 4

RJ can occur before trial and considered during sentencing to reduce prison sentencing
Can be an alternative to prison
Restitutions can be:
- Paying the V money or replacing the item
- Can be done in emo sense by helping rebuild V’s self-esteem

Question 5

Needs of the Survivor

Answer 5

It has pos outcomes
Shapland et al
- RJC reported the results of seven-year research project
- 85% of S reported satisfaction with the process of meeting Off
- 78% would recommend it to others in similar situation
- 60% felt it made them feel better and allowed them to move on
- 2% said it made them feel worse
RJ achieves some of its aims such as helping the S cope with the aftermath

Question 6

VS Needs of the Survivor

Answer 6

not all research is positive
Wood & Suzuki
- RJ is not S focused
- The process can become distorted, such as the S being used to help rehabilitate Off, rather than helping themselves
The need of S in RJ may be secondary to the need to rehabilitate Off

Question 7

Reoffending

Answer 7

RJ leads to a decrease
Strang et al
- Meta-analysis of 10 studies
- Off who had experienced RJ VS those who experienced custodial sentencing
- RJ group was less likely to reoffend
Bain
- Review of 24 studies
- Found lowered reoffending rated in adult Off with one-to-one contact over community involvement
RJ has a positive impact

Question 8

Abusing the System

Answer 8

Off can abuse the system
The success of RJ can depend on Off’s intentions being honorable
- Take part because they regret the hurt cause and want to amend
Gijseghem
- Off can use RJ for diff reasons
- Avoiding punishment or playing down their faults
Explains why not all Off benefit from RJ and can reoffend

Question 9

Domestic Violence

Answer 9

NPCC does not support in being used in cases of DV
Liebman
- The main concern is the power imbalance between abuser and abused can put pressure on S
- Fear the worst if they don’t go along with abuser’s suggestions during mediation

Question 10

VS Domestic Violence

Answer 10

can have pos results
Lunnemann & Wolthuis
- Pre-trial mediation in DV produces pos results for survivors
Sen et al
- RJ are useful in cases of intimate partner violence where they want to stay together
- Can address the harm cause and plan for future